CIVIL LIABILITY ACT 1936 - SECT 39
CIVIL LIABILITY ACT 1936 - SECT 39
39—No liability for materialisation of inherent risk
(1) A person is not
liable in negligence for harm suffered by another person as a result of the
materialisation of an inherent risk.
(2) An "inherent risk"
is a risk of something occurring that cannot be avoided by the exercise of
reasonable care and skill.
(3) This section does
not operate to exclude liability in connection with a duty to warn of a risk.